Absolute Return Awards 2018

AwardStage terms & conditions

End user terms and conditions

By using the www.awardstage.com website (“Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Service is provided by Oval Systems Limited (the “Company”), a private limited company registered in England and Wales (Company No. 04878752; Registered Office: The Old Workshop, Peper Harow Park, Godalming, Surrey, GU8 6BQ UK)

The Company reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. We advise that you consult the Terms of Service prior to each use of the Service.

The Service

The Service is designed for the purpose of awards management and enables individuals to be nominated and considered for awards, prizes and other recognitions of merit (“Awards”).

Please note that the Company does not make decisions about which individuals should receive Awards and that the Service is a mere platform through which third parties (awards organisers) can gather information relating to Awards that they may wish to grant, and via with they can co-ordinate their judging and awarding processes.

Accounts

In order to use the Service you must create an individual account (an “Account”) by registering your unique user details with Company.

When you register to use the Service your level of access will be determined by whether you register as a:

A user who will be considering submissions provided by others and deciding which individuals will receive Awards (a “Judge”).

A user who will not be providing information about individuals who may receive Awards, but who may receive an Award and about whom information may be provided by others (an “Entrant”).

You will be informed of your level of access privileges when you first generate your Account on the Service. If your access privileges change for any reason, then you will be informed of this by the Company by e-mail or via the Service.

Cancellation and Termination

You can cancel your Account by using the functionality provided in the personalised ‘account’ page displayed on the Service or by contacting AwardStage via the online help form on awardstage.com.

You agree that all information and data that you upload to the Service, which includes publicly viewable information, information viewable only by Judges, and private information relating to your Account (all “User Content”) may not be removed from the Service upon cancellation of your Account and the Company reserves the right to retain any and all User Content which you have uploaded. This does not affect your rights with regard to Personal Data or Sensitive Personal Data under the GDPR.

The Company, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Company service, for any reason at any time. Such termination of your access to the Service will result in the deactivation, cancellation or deletion of your Account, or your access to your Account, and the forfeiture and relinquishment of all of your User Content stored by the Service. In such an event, the Company reserves the right to delete any and all of your User Content. The Company reserves the right to refuse service to anyone for any reason at any time.

The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time, and you agree that the Company shall have no liability to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

User Content

By submitting User Content to the Service you agree to grant the Company a non-exclusive, irrevocable, perpetual, royalty-free, global licence to use, display, adapt, modify and store that User Content and all intellectual property rights inherent to it as the Company may deem reasonably necessary in order to enable the provision of the Service to you and to other users, and to enable its users to grant Awards to individuals. You further agree that the Company may grant sub-licences to third parties to use any and all User Content submitted by you to the Service, including without restriction permitting individuals to quote, paraphrase, and otherwise re-distribute your User Content contributions in any form or medium that they may deem fit.

You agree that you have no right to anonymity in respect of User Content which you submit. Your submissions may be released to a wider audience and representations that you have made concerning third parties (including, for the avoidance of doubt, Entrants and individuals who may be considered for Awards) may be attributed to you, and that your identity and/or your authorship of your User Content may be made known to third parties as the Company, and/or its licensees, may deem necessary. You agree and understand that this is expected conduct in the course of entering an awards programme.

By accepting these Terms of Service you agree that you will not upload to the Service any User Content which is unlawful, offensive, threatening, libellous, defamatory, pornographic, or obscene, and agree that the Company shall be entitled to edit, delete or remove of such User Content as it deems fit.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any member of the Company, or any other user of the Service will result in immediate Account termination.

The Company may, but has no obligation to, remove User Content and Accounts containing User Content that it determines in its sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You recognise that User Content uploaded by other users of the Service is their sole responsibility and that their contributions do not represent the views or opinions of the Company or any third party. In the event that you consider any User Content that may feature on the Service to be unlawful, defamatory, or otherwise objectionable you accept that your sole remedy shall be against the individual who submitted the relevant User Content to the Service and that the Company shall have no liability for its publication.

VIDEO CONTENT – The Company uses third party hosting services to store, and re-distribute to other users of the Service (such as Judges), any video-based User Content that you upload to the Service. By submitting video-based User Content in this way you are agreeing to the Company’s use of third party storage agents in this way and agree that the Company will have no liability to you for any failure to store, or to store securely, any such content.

Where you are provided access to video-based User Content as a result of your use of the Service you must keep that User Content (and any access code or similar device that you may use to access it) confidential, and you must not copy (including by downloading and saving a copy to your computer), redistribute, or otherwise exploit that content for any reason. Breach of this clause will be considered a serious and material breach of this agreement and may be a criminal offence; as such, you agree to indemnify and hold harmless the Company against any loss or damage that it may suffer as a result of your breach of this clause.

General Conditions

You agree that the Company is the owner of all intellectual property rights (which includes, but is not limited to, all copyright, trademarks, patents, design rights, database rights, logos, domain names, and business names) inherent in the Service. The Company reserves all relevant rights in the Service and you agree that your use of it will not entitle you to receive any intellectual property rights relating to the Service.

Your use of the Service is at your sole risk. The Service is provided on an ‘as is’ and ‘as available’ basis.

You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the Service and consent to its use of the same.

You must not modify or adapt the Service for any reason without the Company’s prior written consent. You must not hack the Service. You must not do anything to the Service, nor modify another website, so as falsely to imply that you, or any other website or commercial entity with which you may be associated, is associated with the Service, Company or any other Company service.

All content and information which features on the Service is provided for your information only. It is not intended to amount to advice (legal, medical, professional, or otherwise) on which you should rely. You agree that you will obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content featured on the Service.

The Company makes no representation or warranty that content featured on the Service will be accurate, complete or up-to-date.

The Company has no responsibility for the ultimate grant or assignment of Awards; each Award is assigned at the discretion of the third party which commissioned it and the Judges that any such third party may appoint. You recognise that the Service is merely a platform that enables the gathering of information relating to, and the assignment of, Awards and that the Company plays no part in the ultimate grant of any individual Award. As such, you agree that the Company shall have no liability for the grant of any Award in any fashion which you may consider to be erroneous or unfair and you agree that your sole remedy in such circumstances shall be against the party which commissioned and/or awarded the relevant Award and that the Company shall have no liability to you.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service without express written permission from Company.

You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may link to the Service from other websites, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The Service must not be framed or reproduced on any other website. Company reserves the right to withdraw linking permission from any party and for any reason without notice.

You must not upload, post, host, or transmit unsolicited email, SMS or ‘spam’ messages or content via the Service For the avoidance of doubt, attempting any form of ‘distributed denial of service’ attack against the Service shall be a breach of this clause.

You must not use or attempt to use the Service to transmit any worms or viruses or any code of a destructive nature.

Company does not warrant that (i) the Service will meet your specific requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) any errors in the Service will be corrected.

You agree that this agreement shall be the sole agreement between you and Company and that all prior representations and warranties shall not be a part of it.

You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) any virus or harmful code which may infect your computer via the Service, (vi) any reliance by you on any information or content featured on the Service; or (vii) any other matter relating to the Service.

Nothing in this agreement shall limit the Company’s liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation.

The failure of Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms of Service).

This agreement, its subject matter and its formation, are governed by English Law. You agree that the courts of England and Wales will have exclusive jurisdiction.

Questions about the Terms of Service should be sent to welcome@awardstage.com

GDPR Data Protection Addendum

Data Protection

For the purpose of this clause the following terms shall have the following meanings:

Data Controller: shall have the meaning of ‘data controller’ set out in section 1(1) of the Data Protection Act 1998 and, from the time of its implementation into law in England and Wales the meaning set out in Article 4(7) of the GDPR or the equivalent clause of such legislation which may implement the same in the UK.

Data Processor: shall have the meaning of ‘data processor’ set out in section 1(1) of the Data Protection Act 1998 and, from the time of its implementation into law in England and Wales the meaning of ‘processor’ set out in Article 4(8) of the GDPR or the equivalent clause of such legislation which may implement the same in the UK.

Data Protection Legislation: means, for such time as they are in force in England and Wales, the DPA, the GDPR and all related legislation which may supplement, amend, implement or replace them and which relates to the protection of individual’s rights in their personal data and the protection of their privacy.

Data Subject: an individual who is the subject of Personal Data.

DPA: means the Data Protection Act 1998.

GDPR: means Regulation (EU) 2016/679 and/or such legislation as may give effect to its terms in England and Wales.

Personal Data: has the meaning set out in section 1(1) of the Data Protection Act 1998 and, from the time of its implementation into law in England and Wales the meaning set out in Article 4(1) of the GDPR, and for the purposes of this Agreement means Personal Data provided by one party to this agreement to the other.

Processing and process: have the meaning set out in section 1(1) of the Data Protection Act 1998.

Processor's obligations

The awards programme organiser (the “Client”) and Oval Systems Limited (the “Company”) agree that for the Purposes of Data Protection Legislation that the Client shall be the Data Controller and the Company shall be the Data Processor in respect of any Personal Data which is transferred from the Client to the Company under the terms of this Agreement.

As a Data Processor the Company shall process the Personal Data only to the extent necessary to perform its obligations pursuant to this Agreement and/or in accordance with the Client’s instructions from time to time, and shall not process the Personal Data for any purpose other than enabling it to fulfil its obligations pursuant to this Agreement or to perform any other activity which may be authorised by the Client from time to time.

Where a party is a Data Processor pursuant to this Agreement it shall take steps to ensure that its employees are informed of their obligations in relation to Personal Data and that they hold.

Data Protection Warranties

Each Party warrants to the other that it will process the other’s Personal Data in compliance with all applicable Data Protection Legislation.

Where a party to this Agreement becomes a Data Processor pursuant to it, it warrants that:

having regard to the reasonably available state of the art of technological development, the nature of the processing in question, the cost of implementation, and the material risk to the rights of affected Data Subjects, the Data Processor shall take appropriate technical and organisational measures to secure relevant Personal Data against the unauthorised or unlawful processing and against the accidental loss or destruction;

it will not transfer any Personal Data outside of the European Economic Area without the prior authorisation of the Data Controller or as is necessary for the performance of its obligations hereunder;

it will assist the Data Controller, insofar as reasonably possible, in responding to any requests made by any relevant Data Subject which concern the exercise of that Data Subjects rights under the GDPR, subject to the Client reimbursing it for the cost of the same;

it shall report to the Data Controller any suspected data breach concerning the Personal Data which comes to its attention and shall provide reasonable assistance to the Data Controller in informing the relevant regulator and/or affected Data Subjects, subject always to the Client reimbursing it for the cost of the same; and

it shall, on request, take reasonable steps to demonstrate to the Data Controller, to the extent that is reasonable given the nature of the processing in question, that it complies with Data Protection Legislation.

Indemnity

Each Party agrees to indemnify and keep indemnified and defend at its own expense the other Party against all costs, claims, damages or expenses incurred by the other Party or for which the other Party may become liable due to any failure by the first Party or its employees or agents to comply with any of its obligations pursuant to clauses 2 and 3. In order to avail itself of this indemnity the claiming party must: promptly notify the indemnifier of any relevant claim of which the indemnified party becomes aware; not make any admission of liability or offer to settle in respect of any relevant claim without the prior written permission of the indemnifier; grant the indemnifier full control of all relevant proceedings on request, and; provide the indemnifier with such assistance in dealing with such claims as it may reasonably request.

The Parties acknowledge that to the extent that either Party is a Data Processor pursuant to this Agreement it will be reliant on the other, the Data Controller, for direction as to the extent to which the Data Processor is entitled to use and process the relevant Personal Data. Consequently, the Data Processor will not be liable to the Data Controller for any claim brought by a Data Subject arising from any action or omission by the Data Processor, to the extent that such action or omission resulted directly from the Data Controller's instructions.

Appointment of sub-contractors

The Data Processor may not authorise any third party to process Personal Data provided by the Data Controller without first obliging them to treat that Personal Data to the same standard as it is obliged to do so. Where the appointment of any such third party is made in specific furtherance of an objective specified by the Client, the Company shall endeavour to inform the Client of the identity of the third party controller.